WEST virginia legislature

2018 regular session

ENROLLED

Committee Substitute

for

Senate Bill 313

Senators Gaunch, Azinger, Boso, Karnes, Maynard, Ojeda, Palumbo, Romano, Rucker, Baldwin, Cline, Stollings, Prezioso, and Plymale, original sponsors

[Passed March 10, 2018; in effect 90 days from passage]

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-22, relating to waiver of occupational licensing fees for certain individuals; requiring boards and licensing authorities to waive certain occupational licensing fees for low-income individuals, military families, and young workers; defining terms; requiring individuals seeking waiver of occupational licensing fees to apply on a form provided by the board or licensing authority; and granting rule-making authority.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-22. Waiver of licensing fees for certain individuals; definitions.

(a) Each board or licensing authority referred to in this chapter shall waive all initial occupational licensing fees for the following classes of individuals:

(1) Low-income individuals. – This means individuals in the local labor market as defined in §21-1C-2 of this code whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program.

(2) Military families. – ­This means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U. S. C. §101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.

(3) Young workers. ­– This means individuals in the local labor market as defined in §21-1C-2 of this code who are between the ages of 18 and 25, inclusive.

(b) Individuals seeking a waiver of occupational licensing fees must apply to the appropriate board or licensing authority in a format prescribed by the licensing authority. The licensing authority shall process the application within 30 days of receiving it from the applicant.

(c) The licensing authority shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement the provisions of this section.